K.R. v. Unified School District No. 204
Description: A Kansas public school prohibited a student from posting or handing out religious fliers promoting the student-led “See You at the Pole” prayer event held before school. The school freely allowed a variety of other types of materials to be posted and distributed but singled out the student’s fliers because they contained Bible verses.
ADF lawsuit prompts Kan. school district to end ban on religious speech
Attorney sound bites: Matt Sharp | Jeremy Tedesco
“Public schools should encourage, not shut down, the free exchange of ideas,” said ADF Legal Counsel Matt Sharp. “For that reason, we commend the school district for revising its policy so that all students, regardless of their religious beliefs, can enjoy freedom of speech protected by the First Amendment. The law on this is very clear: public school policies cannot target religious speech for exclusion.”
In September 2013, a 7th-grade student at Robert E. Clark Middle School posted fliers with Bible verses in advance of the “See You at the Pole” event, a day when students across the nation gather around the flagpole at their local school before the beginning of the school day to pray for the school, students, staff and the nation. The fliers were a precursor to additional fliers providing the date and time of the “See You at the Pole” event that the student intended to distribute later.A school counselor confronted the student at a school dance in front of her friends and informed her that the fliers were “illegal” because of the Bible verses and could not be posted or distributed at school. A district-wide policy banned the distribution of “religious materials…on school grounds or in any attendance facility before, during, or after the school day or a school activity.” In light of the policy, school officials took down and destroyed the fliers.
The school had allowed the posting of a variety of other materials, including a hand-made poster of a tombstone with the words “RIP” and a poster of rap artist Lil’ Wayne with the words “Good Kush and Alcohol.”
ADF then filed a lawsuit, K.R. v. Unified School District No. 204, in the U.S. District Court for the District of Kansas on behalf of the student. The new policy change makes ongoing litigation unnecessary.
“America’s public schools should recognize the constitutionally protected freedom of all students, regardless of their religious views,” added ADF Senior Legal Counsel Jeremy Tedesco. “We hope other districts will follow the lead of this school district and ensure that their policies also respect these freedoms.”
- Pronunciation guide: Tedesco (Tuh-DESS’-koh)
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ABOUT Matt Sharp
Matt Sharp serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Public Policy. In this role, he leads ADF's team of policy experts as they craft legislation and advise government officials on policies that promote free speech, religious freedom, parental rights, and the sanctity of human life. Since joining ADF in 2010, Sharp has authored federal and state legislation, regularly provides testimony and legal analysis on how proposed legislation will impact constitutional freedoms, and advises governors, legislators, and state and national policy organizations on the importance of laws and policies that protect First Amendment rights. He has twice testified before the U.S. Congress on the importance of protecting free speech and religious liberty in federal law. Sharp also authored an amicus brief to the U.S. Supreme Court on behalf of nearly 9,000 students, parents, and community members asking the court to uphold students’ right to privacy against government intrusion. Sharp earned his J.D. in 2006 from the Vanderbilt University School of Law. A member of the bar in Georgia and Tennessee, he is also admitted to practice in several federal courts.